10
Adoption & Implementation of Digilocker in Government Departments, Board, Corporation, PSUS, Autonomous Bodies, institutions, Universities of Guiarat, Govt. Organisations etc. Government of Gurarat Science & Technology Department Circular No. Gor/tO /20M/230703/IT (Part-I) Sachivalaya, Gandhinagar Dated: sth March 2020 Circular: Digilocker is a key initiative under Digital India Programme, implemented by Ministry of Electronics and lnformation Technology, Government of India. DigiLocker is vital cog in enabling Digital India's visions areas of providing citizens a shareable private space on a public cloud hosted at National Data Centre (NDCJ and making all documents/certificates available on this cloud. For Government Departments, it reduces the administrative overheads by minimizing the use ofpaper and makes it easier to validate the authenticity of documents as they are issued directly by the registered issuers. 2. Digilocker is a platform to access the documents and certificates issued by an authority and veriff the same in a digital way, thus eliminating the use of physical documents. Departments/ Organizations that get registered with DigiLocker as 'lssuer 0rganisation' can provide electronic copies of documents and certificates issued by them [eg. Driving license, voter ID, certificates/ marks sheets issued by educational institutions and universities, ration card, certificates issued by Revenue departmen! licenses/ permits issued by various departments, employee identity Cards etc.J directly into citizen's DigiLocker account. Similarly, deparbnents can register as'Requester Organisation' and integrate their online application with DigiLocker to enable the citizens to fetch supporting documents required for various online applications (eg. application for certificates, licences, lobs, subsidies, pensions, scholarships, admission in schools/colleges etc.) of respective departments, directly from their DigiLocker. 3. Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for preservation and retention of information by intermediaries [such as Government departments and agenciesJ providing Digital Locker facilities. Subsequent to an amendment to these Rules vide notiflcation no. G.S.R 111(EJ dated 08.02.2017; issuing documents or documents issued in DigiLocker system and accepting certificates or documents shared from Digital Locker Account at par with physical documents. 4. Vide DST letters dated 7d February 201,8 & 23d September 2019, DST requested to adopt Digilocker as a platform for providing authentic documents/certificates to accept the documents shared through DigiLocker. Further, it is observed that despite DST letter, creditable implementation of e-governance proiects and retention of data in digital form, the departments still largely rely on physical copies ofcertificates and documents for delivery ofservices and benefits to citizens. So, there is need to adopt DigiLocker platform for providing/accepting documents/certificates in Digital Form. 5. To bring transformative change in the eServices delivery to the Citizen, by this circular all Government departments, boards, corporations, autonomous bodies, academic institutions and universities in the State of Gujarat, shall adopt and implement DigiLocker platform, in following way: Page 1 of 3

Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

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Page 1: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

Adoption & Implementation of Digilocker inGovernment Departments, Board, Corporation,PSUS, Autonomous Bodies, institutions,Universities of Guiarat, Govt. Organisations etc.

Government of GuraratScience & Technology Department

Circular No. Gor/tO /20M/230703/IT (Part-I)Sachivalaya, Gandhinagar

Dated: sth March 2020

Circular:

Digilocker is a key initiative under Digital India Programme, implemented by Ministry ofElectronics and lnformation Technology, Government of India. DigiLocker is vital cog in enabling

Digital India's visions areas of providing citizens a shareable private space on a public cloud hosted at

National Data Centre (NDCJ and making all documents/certificates available on this cloud. For

Government Departments, it reduces the administrative overheads by minimizing the use ofpaper and

makes it easier to validate the authenticity of documents as they are issued directly by the registered

issuers.

2. Digilocker is a platform to access the documents and certificates issued by an authority and

veriff the same in a digital way, thus eliminating the use of physical documents. Departments/

Organizations that get registered with DigiLocker as 'lssuer 0rganisation' can provide electronic copies

of documents and certificates issued by them [eg. Driving license, voter ID, certificates/ marks sheets

issued by educational institutions and universities, ration card, certificates issued by Revenue

departmen! licenses/ permits issued by various departments, employee identity Cards etc.J directly

into citizen's DigiLocker account. Similarly, deparbnents can register as'Requester Organisation' and

integrate their online application with DigiLocker to enable the citizens to fetch supporting documents

required for various online applications (eg. application for certificates, licences, lobs, subsidies,

pensions, scholarships, admission in schools/colleges etc.) of respective departments, directly from

their DigiLocker.

3. Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital

Locker Authority and framed rules for preservation and retention of information by intermediaries

[such as Government departments and agenciesJ providing Digital Locker facilities. Subsequent to an

amendment to these Rules vide notiflcation no. G.S.R 111(EJ dated 08.02.2017; issuing documents or

documents issued in DigiLocker system and accepting certificates or documents shared from Digital

Locker Account at par with physical documents.

4. Vide DST letters dated 7d February 201,8 & 23d September 2019, DST requested to adopt

Digilocker as a platform for providing authentic documents/certificates to accept the documents

shared through DigiLocker. Further, it is observed that despite DST letter, creditable implementation

of e-governance proiects and retention of data in digital form, the departments still largely rely on

physical copies ofcertificates and documents for delivery ofservices and benefits to citizens. So, there

is need to adopt DigiLocker platform for providing/accepting documents/certificates in Digital Form.

5. To bring transformative change in the eServices delivery to the Citizen, by this circular all

Government departments, boards, corporations, autonomous bodies, academic institutions and

universities in the State of Gujarat, shall adopt and implement DigiLocker platform, in following way:

Page 1 of 3

Page 2: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

aJ Adoption of Digilocker system in Government Departments, PSUs, autonomous bodies,

institution, universities, Govt. Organisations etc. in the State.

bJ Departments and agencies in the State shall register themselves an "issuer"/ "requester"

organisation on Digilocker platform mandatorily according to their requirements and takenecessary actions to integrate their software/system (web/mobile applicationsl withDigilocker platform for issuance/requisition of documents/certificates. Departments and

agencies shall ensure that all documents/ certificates already issued and shall be issued, are

available on Digilocker, for which individual orders/ consent from any other authority is notrequired in this matter

cJ Documents/Certificates made available on DigiLocker by issuing Govt. Departments/Boards/PSUs/lnstitutions/Corporations/HoDs/Universities/Organisations etc. shall be treatedas at par with physical copies and accepted by all, as specified in the Gol notifications enclosed

herewith.

6. Gujarat Informatics Limited (GILJ and State e-Governance Mission Team ISeMT-DSTJ willhandhold and provide all necessary suppoft to all the agencies like Government Departments, PSUs,

boards, corporations, autonomous bodies, institutions, universities, Gow. Organisations etc. in the

State from registration till Go-Live while adoption of Digilocker and for coordination with the Gol

institutions such as National eGovernance Division [NeGDJ, Ministry of Electronics and InformationTechnolory, Government of India.

7. Further, for any queries/assistance, you may reach out to Nodal officer- Shri Saniay Gaden

(Head, SeMT) at mobile - 9468555555 or 079-23257055 / email - [email protected] / Block-

7; 5tt' Floor, New Sachivalaya, Gandhinagar, Guiarat.

This issues with the approval of Competent Authority.

By order and in the name ofthe Governor ofGujarat,C

4 -''(HareEfshukta)Secretary to Government of Gujarat

Department of Science & Technology

To,

1. *Principal Secretary to Hon'ble Governor Shri, Rai Bhavan, Gandhinagar.

2. ChiefPrincipal Secretary to Hon'ble Chief Minister.

3. Principal Secretary to Hon'ble ChiefMinister.4. Secretary to Hon'ble Chief Minister.5. Personal Secretary to Hon'ble Deputy Chief Minister6. Personal Secretary to Hon'ble Ministers, Government ofGujarat.

7. Personal Secretary to Hon'ble Ministers ofStates, Govt ofGularat.

8. *Personal Secretary to the Leader of Opposition Party in Guiarat Legislative Assembly,

Gandhinagar9. *Personal Assistant to all Hon'ble Parliamentary Secretaries

10. Deputy Secretary to Chief Secretary, Government of Gujarat

11. ACS/PS/Secretary to all Secretarial Departments, Govt ofGuiarat12. *Registrar, Hon'ble Gujarat High Court, Ahmedabad.

13. *Secretary, CujaratVigilance Commission, Gandhinagar.

14. *Secretary, Guiarat Public Service Commission, Ahmedabad.

15. *Secretary, Gujarat Legislature Secretariat, Gandhinagar.

16. *Secretary, Gularat Civil Service Tribunal, Gandhinagar.

Page 2 of 3

Page 3: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

*By Letter

Page 3 of 3

17. All Collectors, Gujarat State

18. Managing Director, Gu.iarat Informatics Limited, Ganhdinagar

19. The Director, Directorate of ICT & e-Governance, Gandhinagar

20. Head, SeMT, Block No. 7, 5s Floor, New Sachivalaya, Gandhinagar

21. DDG and SlO, NlC, Gujarat22. All Head of Departments23. All Autonomous bodies and Public Sector Undertakings24. All Universities of Gujarat25. Pay & Account Offices, Ahmedabad/Gandhinagar26. Account General [A&EJ Gujarat, Post Box No. 2201, Raikot.

27. Account General (A&EJ Gujarat, Ahmedabad Branch, Ahmedabad.

28. Account General (Audit-1J Guiarat, MS Building, Ahmedabad.

29. Director, Account & Treasuries, Gujarat State, Gandhinagar

30. Resident Audit Offi cer, Ahmedabad/Gandhinagar31. Select File.

Page 4: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

Iqn lr-Ers 3(i)] !{TA E6] IErEI : 3{g]qFlol 9

MINISTRY OF COMMUNICATIONS AND INFORI,TATIO\ TECHNOLOGY

(Department of Electronices and Information Technology)

NOTIFICATION

New Delhi, rhe 2I st luly, 201 6

G.S.R. 7f 1@).- In exercjse of the powers conferred by sub section ( I ) of section 87 aDd clause (wa) of sub-section (2) of section 87 read with sedion 6A and section 67C of the Information Technology Act, 2000 (21 of 2000) theCentlal Government hereby makes the fo]lowing rules for the preservation and retention of information by intermediariesproviding Digital Locker Facilities, namely:-

1. Short Title and Commencement.- (l) These rules may be called the Information Technology (Preservationand Retention of Information by Intermediaries Providing Digitat Locker Faciliries) Rules, 2016.

(2) They shall come into force on the date oftbeir publication in lhe Official Gazette.

2. Definitions.- (l) In these rules, unless the conlext otherwise requires,-

a) "Act" means the Information Technology Act, 2000 (21 of 2000):

b) "access gatewav" means aurhorised syslem to provide access to repositories under Digital l-ockersystem;

c) "application program interface (APl)'', means a sel of routines, protocols, and tools for buildingsoftware applications:

d) "body co.porate" means body corporate as defined )n E\planation (l) to section 43A of the Act:

e) "DeitY" means rhe Deparrment of Electronics and Information Technology in the Ministry ofCommunications and Information Technology, Govelnment of Indiai

fl "Digilocker" means lhe Govemmenr owned and operated web and mobile based hosting of DigitalLocker system;

g) "Digiral Locker" means a service of preservation, retention of electronic records by the subscriber and

delivery of electronic records to the subscriber;

h) 'Digitaf Locker autho ty' means an authority as designated by the Oovemment fo. the licensing,emp:mektrent and ma[agement of Digital Lockel service ptoviders:

j) "Digital lncker Portal" means a web and mobile based system to provide access ro documents under

Digital l-ocker System to the users:

k) "Digital l-ocker Practice Stalement" means a statement by the Digital l,ocker service provider

describing the services and flow of the services being offered by the provider;

l) "Digital Incker service p.ovider" means an intermediary including a body corporate ot an agency ofthe appropriate Governmen!, as may be norified by the Govemment, to provide Digital Locker, access gateways

and, or, repository facilities electronically, in accordarce with these rules;

i) "Digital l-ocker Directory" means a web page managed by the Govemment or Digital I-ocker authorityfor registration and providing delails of registered locker providers, issuers, requester, repositories and access

gaieways providers;

Page 5: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

l0 T1IE GAZETTE OF INDIA: EXTRAORDINARY [PARr II---SEC. 3(D]

m) "Digital Incker system". means an application based system to provide Digital Locker seNices to

the users with the help of authorised service providers, providing Digitai Locker, access Sateways and, or,

repositories facilities;

n) "equivalently authenticated electronic record" means an electronic record authenticated by any other

means other than digital signatures as prescribed under the Digital l,ocker standard guidelines;

o) "CovemmenC' means the Central Government;

p) "issuer" means ary State or Central deparfnent or agency or body corporate issuing digitally sigrcd or

equivalently authenticated electronic rccords to the subscnber under Digital Locker system;

q) "License" means binding agreement between lhe Digital lrcker authority and any Digital Locket

service provideri

r) "repository" means an electronic repository of digitally signed and. or. digitised electronic records,

maintained by any Digital Locker service p.ovider or an issuer for the purpose ol accessing such records and

delivering them to the users;

s) "requester" means any State or Cenfal department or agency or body corporate rcquesting access to

subscriber's digitally signed or equivalently authenticated elecfrooic records preserved and relained in the

repository created and managed under Digital I-ocker system;

O "subscriber" means subscriber ro a Digital Lacker under the Digital Locker system;

u) "Uniform Resource Identifier (URI) , means unique reference to a document stored in a Digital l.ocker

repository;

v) "user" meaos a subscriber, issuer or requester of the Digital Locker system

3. Appointment of Digital Locker Au&ority.- ( I ) The Covemruent sha.ll appoint the Digital Locker authorityto establish, administer, and manage Digital L,ocker system to preseNe and retain information for efficient delivery ofservices to the users through Digital I-ocker system.

(2) The Digital Locker authority shall discharge its fiLnctions as notified under these rules subject to the generalcontrol and directions of the DeitY.

(3) The Digital locker authority shall authorise the Digital Locker service provider to provide Digital t ocker,access gateway and, or, repository facility electronically, in accordance with rhese rules.

4. Digital Locker System,- (l) For the purpose of providing preservation and retention of machine readable,printable, shareable, verifrable and secure State or Ceotral departinent or agency or body corporate issued electronicrecords, the Govemment and other service providers to provide a Digital l,ocker system of limited electronic storage toall users.

(2) The Government through Digital Locker authority and in accordance with the technical srandards as laid downby the DeitY from time to time shall providc for the administEtion of Digital l,ocker system.

(3) Subject to sub-rule (1), the Digital Locker system shall act as web and mobile based ponal for State orCentral department or agency or body corporate issued electlonic records maintained in a prescribed format.

5. Operation of Digttal Locker System.- (l) Any individual who is resident of India shall be able to open andgain access to Digital t4cker portal after submitting duly prescrib€d application form to the authorised Digital Lockerservice provider.

(2) Words and expressions used and not defined in these rules but defined in the Act and various rules madethereunder shall have the same meanings assigned to them in the Act and the said rules respectively,

Page 6: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

[qTrr n-Ers 3(i)] qt{d 6T IIIIL : qqlqT{sl ll

(2) Subject to the sub rule (l). any individual may obrain lhc scrvices of thc licensed or empanelled DigitalLocker service providers for the purpose of accessing locker, gareways and repository services using web or mobilebased Digital l.ocker Po.tai.

(3) Digital f-ocker Portal shall provide access to repositories and access gateway for issuers to issue and

requesters to access digitally signed or equivalently authenticated electronic records respectively in a uniform way inreal-time.

(4) Digital Locker Directory shall provide lollowing detaiis, namely:-

(a) Registralion facility for issuers, requesters, locker providers, repository provlders and Eatewayproviders;

(b) issuer (nanre. ID, registralion da!e, conlact details). Requesler ID ((nanE, ID, re8istration date. contact

details), Gateway ID (name, TD, registration date, conlact details) and repositories (name, ID, registration date.

contacl details):(c) standards, application forms, and other particulars;

(d) electronic wormow to reques!. approvc. and publish ncw ID for new issuers, gateways and

repositories, as the case may be: and

(e) any other information as prescribed by the Governnlent

6. Location of the Facilities.- The infrastructure associated with all functions of Digital I-ocker syslem as well as

maintenance of directories containing information about the sta0rs of Digital Locker system shall be installed at anylocation within India

7. The manner in *hich Digital Locker system be used by Subscriber.- A Digital Locker shall be used by thesubscriber to.-

(a) access and register for Digiral l,ocker on lhe web or mobile based Digital l,ocker Po(al;

(b) upload documents. or a! the case may be, digitaily sign. the uploaded documenls in the Digital I-ocker a.s

provided by the Digital Locker service provideri

(c) access documents from issuers using the docunlen! URI's available h the Digital lrcker account.

(d) grant access 1o the reqLresler ro access Stare or Cenrral depaitment or agency or body corpolate issued

records by providing unjquc documenl URI; and

(e) provide consent to the issuer to deposit docunren! URI's and to lhe requestor to access documents:

8. The manner in which Digital Locker system be used by requester.- A Digital I-ocker shall be used by therequester to!-

(a) register on the Digilal Locker directory;(b) access documents uploaded by rhe subscriber on lhe Digital Locker portal;(c) use authorised gateway providers ao access documents slored across repositories;(d) access subscriber's State or Central department or agency or body corporate issued documents based on the

URI; and(e) take consent from subscriber to access documents availabLe in subscriber's Digital Locker account.

9. The manner in which Digital Locker system be used by issuer.- A Digital Locker shall be used to, -(a) register on the Digilal l-ocker Directory;(b) issue new digilal records in the format as prescribed by the rppropriate government:

(c) provide older djgirized records ro the subscriber, which are verifiable, shareable. accessible and printable;

(d) gives consent !o any other Digital l-ocker service provider !o gain access to its documents;

(e) choose own repository or a repository from aulhorised repository service provider as issuer repository to

preserve and retain issued records;(0 use the integration interiaces. ro either-

Page 7: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

12 THE GAZETTE OF INDIA : EXTRAORDINARY IPART II-SEC. 3(i)l

(ii) pull URI: to allow the subscriber to query the issuer repository b), providing subscriber's jdentifier

applicable to issuer organisation to enable issuer to p.ovide the URl s of ail the records that are linked to the

identifiers submitted by the subscriber.

10. Role of Digital Incker service providers.- (l) The Digital tncker system shall be supported by followingDigilal Locker service providers. namely -

(a) Digital Locker portalsi

(b) Repositories: and

(c) access gateways-

(2) Government or the Digital Locker authority shall authorise service providers ro set up Digital Locker portals,access gateways or repositories for efficient use of Digital Locker system for the benefir of subscribers, issuers andrequesters-

(3) Every authorised service provider to conform and comply with the binding authorising terms, including thestandaJds, guidelines and specifications as laid down by the Government or Digital Locker authority-

ll. Digital Locker service provider to ensure compliance of the Act, etc.- Every Digital l-ocker serviceprovider shall enstue that every person employed or otherwise engaged or associated wilh it complies, in the course ofsuch employment or engagement, with the provisions ofthis Act,lxles. regulations and ordeB made thereunder.

12. Appointment of grievance officer by the Digital Locker service provider for dispuE resolution.- ( I )Every Digital Locker service provider shall publish on its website the name of grievance office. and his contact details as

well as mechanism by which any users or aggrieved person who suffers as a result of

(i) access or usage of DiSital Locker or Digital Locker system by any unauthorised person; or

(ii) violation of authorising terms,

may notify their complaints against such access or usage or violation of licensing terms to such g evance officer.

(2) The grievance officer shall redress the complaints within one month from the date of receipt ofcomplainr.

13. Suspension and revocation of Digital Locker account.{ l) Subject to the provisions of sub-rule (2), theDigital Locker service provider which has provided a Digital Lockei accoun! may suspend such Digital Locker account -

(a) on receipt of a request to that effecl from -(i) the subscriber listed in the Digital I-ocker accounr; or

(ii) any person duly authorised to act on behalf of that subscriberi

(b) if it is the opinion of Digital Locker authority that the subscriber's Digital Locker account should be susp€nded inpublic interest for reasons to be included io writing.

(2) A Digital Locker account shall not be suspended for a period exceeding thirty days unless lhe subscriber hasbeen given an opponunity of being heard in lhe matler.

(3) On suspension of a Digital l-ocker account under these rules, the Digital Locker service provider shallcommunicate the same to the subscriber and othet use$.

Explanatiort.- For the purpose of these rules, suspension of Digital I-ocker account of subscriber implies thatneither requester nor issuer shall b€ able to access subscriber's account during the period of such suspension.

(4) Subject to sub-rule (2), the Digital Locker authorlty, if not satisfied a1ler making such inquiry, may revokesubscriber's Digital Locker accounl.

(i) push URI to Digital l-octer: to push the URI'S of all the records available in their repositories so that

the same can be displayed to the subscriber, so as to notify the subscriber that the issuer has followingdocumenls linked to the subscriber's account;

Page 8: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

I qrrr n-srs 3(i)] ql{d 4T {niT, : 3TglgRq l3

14. Control of Digital Locker account credetrtials.-{ I ) Every subscriber shall exercise reasooable care toretain control of the Digital Locker account credentials and take all steps to prevent its disclosure.

(2) If the Digital l,ocker account credentials have been compromised. fien, the subscriber shall communicate thesame without any delay to the Digital Locker service provider in such manner as may be specified by the regulations.

Explanation.- For the removal of doubts, it is hereby declared that the subscrib€r shall be liable till he hasinformed the Digital l-ocker service provider that the Digital I-ocker account credentials have been compromised.

15. Fees for opening Digital Locker accounL- (l) The Digital Locker service provider shall charge such fee orservice charges from subscribers or users, as may be notified by the Govemment or Digital t ocker authority.

(2) Subject to sub-rule (l), Digital Locker se ice provider shall provide an up-to-date fee schedule or scale ofservice charges to all its subscribers and users.

16. Podability of Digital Lockcr account of subsc ber.-The Digital [,ocker service provider shall provideDigital l,ocker services to subscribers with l}le facility to port their Digital l-ocker account to any other Digital lrckerservice provider, and shall, inrer alia,-

(a) observe data retenlion and dara migralion guidelines as noti ed by DeitY;(b) make reasonable elfofis 1o ensule rhat tho ponability service is provided to the subscriber with minimal

selvice disruption; and(c) refund reasonable fee back to subscriber (not exceedinS any fee or service charges by the service provider

to the subscriber).

17. Audit--( 1) The Digital Locker service provide. shali get its operations audited annually by an audrtor andsuch audit shall include, inter alia,-

(a) security policy and planning;

(b) physical security;

(c) technology evaluarion;

(d) Digital Locker service provider's services adninistratioD;

(e) relevant Digital l-ocker Practice Statemenr;

(0 compliance to relevant Digital Locker Plactice Statemen!;

(g) contracts or agreements; and

(h) policy requiremenls as may be required under these rules.

(2) The Digital I-ocker sewice provider shall conduct,-

(a) half yearly audit of rhe securiry policy, physjcal security and planning of its operarion:

(b) a quafierly audit of its system and all associated interfaces, systems, tools alrd processes.

(3) The Digital Locker service provider sha.ll submit copy of each audit report to the Government or Digital

Locker authority within four weeks of the completion of such audit and where i.regularities are found, the Digital lrckerservice provider shall take immediate appropriate action to lemove such irregularities.

18, Auditor's relatioDship with Digitat Locker service provider.- ( l) The aDditor shall be independent of theDigital Locker service provider being audited and shall not be a software or hardware vendor which is, or has been

Foviding services or supplying equipment to the said Digital Locker service provider.

(2) The auditor atrd the Digital Locker service provider shall not have any current or plamed frnaocial, legal orother relationship, other than that ofan auditor and the audited party.

Page 9: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

t4 THE GAZET-TE OF INDIA : EXTRAORDINARY IPARr U-SEC. 3(i)l

19. Confidential Information.---:The following information shall be treated as confidential, namely:-

(a) Digital Locker account application;

(b) Digital Locker account information collected from the subscriber or elsewhere as part of the registration;

(c) subscriberagreement;

(d) Digital Locker contents;

(e) document URI; and

(0 any other information as may be notified by the DeitY.

20. Access to confidential information.- (l) Access to confidential information shall be subject to theprovisions of the Act and the rules made thereunder.

(2) Access to confidential information by the employees of the Digital Locker service provider shall be on a"need-to-know" and "need-to-use" basis. The p.ocess of rnaintaining confidentiality of information has ro be included inthe Digital Ircker Practise Slatement.

(3) The back up of all information shall be kept offsite in the disaster recovery facility

(4) The confidential information shall ot be preserved and retained outside India.

21. Maintenance of reasonable security practices.- (l) The Digital Locker service provider to observe andmaintarn reasonable security practices as mandated under the Information Technology (Reasonable Secu ty Practicesand Procedures and Sensitive Personal data or InFormation) Rules, 201 l.

(2) The Digital l-ocker service provider shall observe and maintain Information Technology Security Guidelines

as mandated under Schedule ll of the Information Technology (Cedflng Authorities) Rules.2000.

[F.No. 3(29)/2016-EGII]SANJIV MITTAL, Jt. Secy.

Uploaded by Dte. ofPrinting at Govemment oflndia Press, tung Road, Mayapuri, New Delhi-l 10064and Published by the Conrroller of Publicarions, Delhi- t 10054.

Page 10: Board, Corporation, PSUS, Autonomous Bodies, · Government of India vide notification no. G.S.R 711 (E) dated 27.07.2016, constituted Digital Locker Authority and framed rules for

[qn rr-srs 3(i)] ,ll{d 4I {nfq-{ : 3l{llq-{q

MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

NOTIFICATION

New Delhi, the 8th February, 2017

G.S.R 111(E). -

In exercise of the powers conferred by sub-section (1) of section 87 of theInformation Technology Act, 2000 (21 of2000), the Central Govemment hereby makes the following rules to amend theInformation Technology (Preservation and Retention of lnformation by Intermediaries Providing Digital LockerFacilities) Rules,2016, namely :-l. (l) These rules may be called the lnformation Tecbnology (Preservation and Retention of Information by

lntermediaries Providing Digitat Locker Facilities) Amendment Rules, 2017.(2) They shall come into force on the date ofthet publication in the Officiat Gazette.

2. ln the Information Technology (Preservation and Retention of Information by Intermediaries Providing Digital I-ockerFacitities) Rutes, 20 I 6,-(a) in the opening paragraph, for the word, brackets and letter "clause (wa)", the wor4 brackets and letter "clause (x)"shall be substituted;ft) in rute 2, in sub-rule (1), in clause (q), for the word "License", the word "Licence" shallbe substituted;(c) after rule 9, the following rule shatl be inseied,namely.-

"9A. Issuing certiricates or documents in Digital Locker System and accepting certificater ordocuments shared from Digital Locker Account at par with Physical Documents.-<l) Issuers may

start issuing and Requesters may start accepting digitally (or elechonically) signed certificates ordocuments shared ftom subscribers' Digital Locker accounts at par with the physical documens iuaccordance with tlrc provisions ofthe Act and rules made thereunder.(2) When such certificate or document mentioned in sub-rule (1) has been issued or pushed in the DigitalLocker System by an issuer and subsequently accessed or accepted by a requestcr thrcugh the URI, it shall

be deemed to have been shared by the issuer directly in electronic form.

Wanation.- For the purpose of sub-rule (2), it is hereby clarified that if the linls of the issued

certificates or documents take the requester to the single source of truth, such as issuer repositories,

automatic verifi cation happens.";

(d) for rule 12, the following rule shall be substituted, namely:-"Appointm€nt of grievance olncer by the Digital Locker service provider for dispute r€solutior'- (l)Every Digital L,ocker service provider shall publish on its website the name of grievance officer and his contact

details as well as mechanism by which any users or aggrieved person who suffers as a result of -

(a) access or usage of Digital Locker o! Digital kcker system by any unauthorised person; or(b) violation oflicensing terms; or(c) any other complaints not covered under clauses (a) and (b) above,

may noti& their complaints against such access or usage or vioiation of licensing terms 01 any otler complaints

to such grievance officer.(2) The grievance officer shall redress the complaints within one morth from the date ofreceipt ofcomplaint.(3) Any aggrieved person may appeal to the Digital Locker Authority against the order of the Grievance Officerwithin a p€riod offifteen days from tie date ofreceipt ofsuch order.";

(e) in rule 17, (i) in sub-rule (2), after the words "The Digital Locker service provider shall conduct", the words "yearly

audit of' shall be i,,s"rted;(ii) in clause (a), the words "half yearly audit of' shallbe omitted;(iii) in clause (t), the words "a quarterly audit of'shall be orrilled.

lF.No. 3(29)/201 6-EG-IIlAJAY KUMAR, Addl' SecY.

Note.-The principal rules were published vide number G.S.R. 711(E), in the Gazette of India, Extaordinary, Part Il,Sectior 3 - Sub-section (i), dated the 2l" July, 2016.

Uploaded by Dte. ofPinting at Government oflndia Press, RingRoad, Mayapuri, New Delhi-l10064and Published by the Controller ofPublicalions, Delhi-110054.

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